execsupport
Junior Member
What is the name of your state? SC
My mother, age 77, died a week ago. Sister #1 lived with her. Sister #2 and I asked for a copy of the will a couple of days after her death. Sister #1 just smiled and said we'd get a copy when it was all over. That's when we found out the executor was the ex-husband of Sister #1 and the father of her children. We asked him for a copy of the will and he said he would not give us a copy until after it was probated. He also told us a new will had been made within the last 12 months. He and Sister #1 insist they have not read the will.
Sister #2 and I suspect that the will leaves everything to Sister #1 and her children. There is medical evidence that Mom had become delusional, paranoid, confused, etc during the last year or two. She was afraid that Sister #1 would move out and she bought a lot of luxury items for her. I tried to have Adult Protective Services look into it but they never returned my calls even though they said the situation didn't sound right.
Mom had taken out 3 large life insurance policies with Sister #1 as beneficiary. She told my other sister and I that she had given Sister #1 explicit instructions as to how to divide the policies. I could not get her to understand that she needed to do this by making us beneficiaries but she insisted my sister would do what she told her to do. It is my understanding that the instructions were verbal.
My husband and I looked up the probate court and found that if the will goes to probate, it can be declared valid. We believe we can challenge the validity based on Mom's mental state. However, they are trying to get it through probate without showing us a copy.
What steps should we take? Can we challenge the validity after it has gone through probate?
My mother, age 77, died a week ago. Sister #1 lived with her. Sister #2 and I asked for a copy of the will a couple of days after her death. Sister #1 just smiled and said we'd get a copy when it was all over. That's when we found out the executor was the ex-husband of Sister #1 and the father of her children. We asked him for a copy of the will and he said he would not give us a copy until after it was probated. He also told us a new will had been made within the last 12 months. He and Sister #1 insist they have not read the will.
Sister #2 and I suspect that the will leaves everything to Sister #1 and her children. There is medical evidence that Mom had become delusional, paranoid, confused, etc during the last year or two. She was afraid that Sister #1 would move out and she bought a lot of luxury items for her. I tried to have Adult Protective Services look into it but they never returned my calls even though they said the situation didn't sound right.
Mom had taken out 3 large life insurance policies with Sister #1 as beneficiary. She told my other sister and I that she had given Sister #1 explicit instructions as to how to divide the policies. I could not get her to understand that she needed to do this by making us beneficiaries but she insisted my sister would do what she told her to do. It is my understanding that the instructions were verbal.
My husband and I looked up the probate court and found that if the will goes to probate, it can be declared valid. We believe we can challenge the validity based on Mom's mental state. However, they are trying to get it through probate without showing us a copy.
What steps should we take? Can we challenge the validity after it has gone through probate?
